Babylonian Talmud

Rodkinson 1918 — source 2, scan section 46

positive that the child was a regularly born child." " R. Jehudah permits this in the case of an hermaphrodite.'' Said R. Shezbi in the name of R. Hisda: " Not in every case does R. Jehudah hold an hermaphrodite to be a male ; for if we would say that in all cases he considers him to be a male, the hermaphrodite would come under the law of estimations [Levit- icus xxvii, 2-15], and in the Tract Erachim (estimations) we may learn, that according to R. Jehudah he is exempt. Why is he considered a male as concerns circumcision ? because it is written [Genesis xvii, 10]: "Every man child among you shall be cir- cumcised " (and " every'' includes also hermaphrodites). MISHNA: If one have two children to be circumcised, one after the Sabbath and the other on the Sabbath, and through forgetfulness circumcised the former on the Sabbath, he is cul- pable. If one of the children, however, was to be circumcised on the day before Sabbath and the other on the Sabbath, and through forgetfulness one had the former circumcised on the * It is a custom amongst Jews, that the first meal eaten by a mourner after the burial of his dead must be given him by friends or strangers, and usually some delicacy is brought to him. 3o6 THE BABYLONIAN TALMUD. Sabbath, R. Eliezer declares him liable for a sin-offering and R. Jehoshua declares him free. GEMARA: R. Huna learns the Mishna literally; in the first case, " he is culpable." R. Jehudah, however, learns to the contrary, that "he is not culpable." R. Huna learns " he is culpable," from what we have learned in a Boraitha; viz.: Said R. Simeon ben Elazar: " R. Eliezer and R. Jehoshua do not differ as to the case where a man has two children to be cir- cumcised, one after the Sabbath and the other on the Sabbath, and through forgetfulness circumcised the former on Sabbath. They both declare him culpable. Their point of difference is, if one of the children was to have been circumcised on the day before Sabbath and the other on the Sabbath, and through for- getfulness the former was circumcised on the Sabbath, the former declares him culpable and the latter free. Both of them derived their decrees from the law concerning idolatry (all sin- offerings are based upon the sin-offerings incidental to the laws of idolatry). R. Eliezer holds, that as in idolatry so also it is with the Sabbath. If the commandment is, " Thou shalt not do so," and the man did so, he is liable for a sin-offering; and R. Jehoshua says: " Here it is different. The intention was to fulfil a commandment, and if accidentally it was not done he should be free." And R. Jehudah learns the Mishna" not culpable," deriving his support from the following Boraitha: R. Meir said: " R. Ehezer and R. Jehoshua do not differ as to the case where a man has two children to be circumcised, one before the Sabbath and the other on the Sabbath, and through forgetfulness circum- cised the former on Sabbath. They both declare him not cul- pable. Their point of difference is, if one of the children was to be circumcised on the day after Sabbath and the other on Sabbath, and through forgetfulness the former was circumcised on the Sabbath, R. Eliezer declares him culpable and R. Je- hoshua declares him free. Both of them derived their decrees from the law concerning idolatry, as is said above." MISHNA: A child may be (legally) circumcised on the eighth, ninth, tenth, eleventh, or twelfth day (after its birth), but neither before nor after. How so ? Usually (it may be cir- cumcised) on the eighth ; one born at (the evening) twihght, on the ninth ; one born at (the evening) twilight before Sabbath, on the tenth; if a feast day follows that Sabbath (it may be circum- cised) on the eleventh ; if both New Year feast-days follow that TRACT SABBATH. 307 Sabbath, on the twelfth. A sick child must not be circumcised until it is thoroughly recovered. GEMARA: Said Samuel: "After the fever has left the child, seven days should be allowed to elapse until the child get well, before the circumcision is performed." The schoolmen propounded a question : Must every day be of twenty-four hours' duration, or may the last of the seven days be counted if only a few hours have passed ? Come and hear: Luda taught, the last day of the child's convalescence is more important than the day of its birth; for a child may be circumcised on the eighth day after its birth, even if only one hour of that day be passed ; but the seventh day of its convalescence after a sick- ness must be one of fully twenty-four hours, before circumcision is permitted. MISHNA: The following principal excrescences (knobs) make the circumcision invalid : Flesh that covers the larger part of the gland (of the organ). A man so circumcised must not (if he be a priest) partake of Terumah (heave-offerings). If the child be very fleshy and (such imperfect circumcision) is caused thereby, the knobs must, for appearances' sake, be cut away. One who was circumcised without having had the skin torn open, is considered as uncircumcised. GEMARA : R. Abbina in the name of R. Jeremiah bar Aba, quoting Rabh, said: " By stating ' flesh, that covers the larger part of the gland,' the Mishna means to say the ' upper part of the gland.' " "7/" the child be very fleshy J" We have learned in a Bo- raitha: " R. Simeon ben Gamaliel said: * If the gland of the child be surrounded by a fleshy coating, and when erect the gland appears to be circumcised, the coating need not be cut away; but if it does not appear to be circumcised, the coating should be cut away.' " * ' One who was circumcised without having had the skin torn open, " etc. The rabbis taught : The benediction to be pronounced by the circumciser (before performing the rite) should be as fol- lows: " Praised art Thou, Lord, our God, King of the Universe, who hast sanctified us with Thy commandments and hast com- manded us the circumcision." The father of the child should pronounce the following benediction (in the interval between the circumcision and the tearing open of the skin) : " Who hast sanc- tified us with Thy commandments and hast commanded us to enter the child into the covenant of Abraham our father." The 3oS THE BABYLONIAN TALMUD. bystanders must respond: "As he hath been entered into the covenant, so may he also be entered into the Law, into the bridal canopy, and into good deeds." The man who makes the bene- diction (over the goblet of wine) should say as follows : " Blessed art Thou, etc., Avho hast sanctified Thy favored one (meaning the patriarch Isaac, see Genesis xxii. 2) even in the womb (as it is written in Genesis xvii. 19 : ' And I will establish my covenant with him '), who hath made a sign in his body, and hath sealed his children with the sign of the holy covenant. Therefore as